In other words, the Court looked at why Nelson was suing Saudi Arabia, and determined whether those claims were based on Saudi Arabia's actions as a sovereign nation or on its actions as a business. Sovereign immunity should continue, even if it results in the occasional unjust activity. To subject foreign governments to liability for their actions as governments would be allowing other countries to dictate the internal policies of foreign countries. In this instance, the conditions of Nelson's confinement sound absolutely horrific. Moreover, it seems clear that Nelson would not have been arrested had he not been performing his job-related activities and reporting safety violations that existed in the hospital. The Saudi Arabian government, undoubtedly, if United States laws applied, committed a number of torts and crimes in confining Nelson. However, Nelson was not in the United...
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